Fair Work Ombudsman
Citation: FWO-2024-12-03-tate-penalty-media-release
At a glance
- Respondent
- Kreating Real Change Disability Services
- Penalty
- $7,012
- Employees affected
- 2
- Awards cited
- MA000123
What happened
the Applicant, a sole trader operating Kreating Real Change Disability Services in Crookwell, New South Wales, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required her to back-pay two employees, a married couple, for periods between June 2020 and September 2022. The workers were employed in full-time home care positions. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed a $7,012 penalty against the Applicant. She was also ordered to back-pay the workers a total of $13,878, plus superannuation and interest. This follows previous penalties imposed against the Applicant in July 2023 for similar non-compliance. The court found the Applicant was aware the employees were owed money and ignored the Compliance Notice. Judge Manousaridis emphasized the need for a 'meaningful' penalty to deter future misconduct.
What it means for employers
Employers, particularly those in the disability support services sector, must comply with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in substantial penalties and back-payment orders. The Fair Work Ombudsman prioritizes compliance in the disability support services sector and will take legal action against non-compliant businesses. Employers should review their payroll practices and seek assistance if needed.
What it means for employees
Employees experiencing issues with their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and courses to help employees understand their rights and obligations. Employees can also seek information from their employer or union.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/december-2024/20241203-tate-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →